Another twist in search for new prosecutions boss

THE advisory panel set up to search for the country’s next National Director of Public Prosecutions (NDPP) and the president have until Wednesday to file their court papers in response to an urgent high court application to interdict the appointment of the country’s prosecutions boss. 

The legal challenge by Law firm B Xulu and Partners Incorporated seeks to halt the appointment process scheduled for January 2026, when the current NDPP, Shamila Batohi, retires.

It argues that the advisory panel did not adequately consider the formal objection regarding Advocate Hermione Cronje's candidacy.

The law firm’s director, Barnabas Xulu, had submitted a 99-page objection accusing Cronje of “unlawful information peddling” and sharing confidential state information with external parties during her tenure as the leader of the NPA’s Investigating Directorate (ID) in 2020.

The firm claims the entire selection process was unlawful and biased, demanding that the advisory panel’s work be scrapped and its report withdrawn. 

With the hearing set for early in January, the respondents including President Cyril Ramaphosa, the advisory panel, Justice and Constitutional Development Minister  Mmamoloko Kubayi, and Cronje have been given until December 31, 2025, at 5pm to respond. 

In the affidavit, Xulu accused the advisory panel of lacking transparency, adding that it has demonstrated bias in favour of Cronje and orchestrated a situation “where she was not made to answer publicly, as was the case with other candidates”. 

He said this was done purposely to increase her prospects as a candidate. 

“Thus, the nub of this application is that the failure by the advisory panel to have our objection properly considered and transparently addressed by the fourth respondent (Cronje) is a gross irregularity that rendered the interview process reviewable,” read the affidavit. 

Xulu added that the differential treatment given to Cronje demonstrates that the panel did not treat all candidates equally, which renders the process unfair. 

The law firm also alleged that Cronje was given a different set of rules compared to other candidates, which enabled her to engage directly with the panel even after the interview had been concluded.

Xulu also stated that the panel failed to identify and question the “obvious credence” to information peddling allegations that emerged directly from Cronje’s responses in the interview, where she stated on numerous occasions that she would obtain information of the NPA when she was no longer employed by the prosecuting authority.

He said this was a clear admission that she is a person who actively engaged in the unlawful exchange of confidential information without any regard for the unlawfulness of her conduct. 

“We record that the failure of the advisory panel to question her on this conduct lends further credence to the thrust of our core allegation of bias and dereliction of duty against the advisory panel,” read the papers.

Justice and Constitutional Development spokesperson Terrence Manase  said the department intends to oppose the application, adding that it does not meet the requirements for urgency and is premature, as Ramaphosa is still considering the report submitted by the panel.

“The relevant papers are currently under consideration,” he said. 

Ramaphosa’s spokesperson, Vincent Magwenya, did not respond to requests for comment while efforts to reach out to Cronje were unsuccessful. 

Cape Times